ARTICLE IV: DEVELOPMENT STANDARDS IV-279
430 - SPECIAL USE STANDARDS
430-109 Receiving and Transmitting Antennas, Communication and Broadcast Towers
The standards of this Section apply to all telecommunication facilities except as otherwise provided herein.
430-109.1 The following are exempt from the standards provided in this Section:
A. Telecommunication facilities that are otherwise exempt from a development permit under Section 201-2;
B. Replacement of existing antennas and transmitters on lawfully established telecommunication facilities, provided:
(1) They are mounted using similar techniques as that of the antennas and transmitters they are replacing in order to minimize visual impact, or in the case of replacing antennas and transmitters on a Facility 2 tower, replacement antennas and transmitters shall also be designed as Facility 2;
(2) They are made of non-reflective material and painted to match the telecommunication facility or existing antennas and transmitters, whichever results in the replacement antennas and transmitters being less visible, or are placed in the tower;
(3) Replacement does not result in an increase in the number of antennas or transmitters (e.g., like antennas or transmitters may be replaced with like antennas or transmitters). Notwithstanding, existing antennas and transmitters may remain for a period not to exceed six (6) months in order to accommodate the transfer of service from the existing antennas or transmitters to the replacement antennas or transmitters; and
(4) Replacement antennas or transmitters do not exceed the size (e.g., area or length) of existing antennas or transmitters by more than twenty (20) percent.
C. Reconstruction or replacement of telecommunication facilities, excluding the replacement of transmitters, antennas, approved after November 26, 1992, the effective date of Ordinance 402, subject to the following:
(1) Does not increase the height or base diameter of the existing tower or structure as originally approved or constructed;
(2) Does not reduce existing landscape buffers unless replaced with vegetation with similar characteristics, plant densities and maturity; and
(3) Does not use colors or lights that make the tower or antenna more visually obtrusive, unless required by either the Oregon Department of Aviation (ODA) or the Federal Aviation Administration (FAA).
Reconstruction or replacement of telecommunication facilities, excluding transmitter and antenna replacements pursuant to Section 430-109.1 B., approved before November 26, 1992 is subject to the provisions of Section 440, Nonconforming Uses, and applicable provisions of 430-109 as required by Section 440;
D. The following telecommunication facilities that are regulated by the Federal Communications Commission (FCC) pursuant to the Code of Federal Regulations as may be amended:
(1) Industrial, scientific, and medical equipment;
(2) Military and government radar antennas and associated communication and broadcast towers used for aviation services; and
(3) Amateur (ham) and citizen band transmitting and receiving antennas and associated communication and broadcast towers.
E. A telecommunication facility as a temporary use - Section 430-135.1 H.;
F. Radio transceivers normally hand-held or installed in a vehicle, such as an automobile, truck, trailer, watercraft, or aircraft, including cellular phone or mobile broadcast studio;
G. A radio frequency machine which is designated and marketed as a consumer product, such as microwave ovens and radio control toys; or is in storage, shipment, or on display for sale, provided such machines are not operated except for demonstration purposes;
H. Temporary telecommunication facilities used solely for emergency communications by public officials in the event of a natural disaster, emergency preparedness or public health or safety purposes;
I. Two-way transmitting antennas used on a temporary basis by “911” emergency services, including fire and rescue, medical, and law enforcement, as well as essential public utility providers, including but not limited to water and sanitary and storm sewer providers;
J. Temporary communication uses, including, but not limited to, wireless telecommunications, mobile services and other types of broadcast towers used solely for emergency communications by non-emergency service providers (i.e., private, for-profit wireless service providers) in the event of a loss of service or communications due to an act of God, natural disaster, or other occurrence that necessitates the re-establishment of services for the public benefit are subject to the following:
(1) Notification of the temporary tower is provided to the Director within two (2) days of placement; and
(2) The emergency use of the broadcast or communication tower shall not exceed a period of one (1) year commencing when transmissions or receiving begins. The tower and associated structures must be removed within 30 days after they are no longer used, unless land use approval is obtained through the appropriate procedure to allow their continued use in accordance with all applicable requirements.
K. Antennas to provide enhanced 911 (i.e., E911) network coverage when required by the FCC, subject to the following:
(1) E911 antennas shall be flush-mounted or installed using davit arms a maximum of five (5) feet from the tower and painted or otherwise constructed of materials with the same or similar color as the tower; and
(2) Accessory equipment and related equipment are either located completely within the existing structure (i.e., tower, building or other structure), or are located within an existing fenced site. In the case of a tower designed as a Facility 2, E911 antennas shall also be designed as a Facility 2.
Notwithstanding, existing 911 antennas may remain for a period not to exceed six (6) months in order to accommodate the transfer of service from the existing 911 antennas to the E911 antennas.
430-109.2 Expansion or Alteration of Existing Telecommunication Facilities:
A. Telecommunication facilities and related site improvements that were lawfully in existence after November 26, 1992 are considered to be conforming uses. However, because these uses may not be designed in accordance with the current development standards (i.e., setbacks, landscaping, screening and fencing, etc.) future expansions or alterations, excluding replacement of antennas and transmitters pursuant to Section 430-109.1 B., shall be subject to the development standards in effect at that time, including this Section, to the extent reasonably practicable. Where the tower design or site configuration makes it not reasonably practicable to apply a particular development standard or the applicant provides and alternative development proposal which equally or better meets the purpose of a particular development standard, the Review Authority shall waive the application of that standard.
B. Telecommunication facilities and related site improvements that were lawfully in existence prior to November 26, 1992 are considered to be nonconforming uses and shall be subject to the provisions of this chapter as well as the provisions of Section 440, Nonconforming Uses and Structures. However, existing antennas and transmitters replaced pursuant to Section 430-109.1 B. are not subject to the provisions of this chapter or Section 440.
430-109.3 Antennas may be co-located (i.e., Facility 1) in all land use districts, excluding those antennas regulated by Section 430-109.11 or otherwise exempt pursuant to Sections 430-109.1 and 201-2, through the Procedure Type I provided:
A. Antennas attached to previously approved existing towers shall be:
(1) Flush-mounted or mounted using similar techniques that minimize visual impact, or in the case of co-locating on a Facility 2 tower, co-located antennas shall also be designed as Facility 2;
(2) Made of non-reflective material and painted to match the tower or existing antennas, whichever results in the new antennas being less visible; and
(3) No higher than fifteen (15) feet above the existing tower.
B. Antennas attached to previously approved existing structures other than towers (i.e., water tanks or electric transmission towers) shall be:
(1) Flush-mounted to the greatest extent practicable or otherwise mounted in ways that minimizes visual impacts;
(2) Made of non-reflective material and painted to match the tower or existing antennas, whichever results in the new antennas being less visible; and
(3) No higher than fifteen (15) feet above the existing structure.
Notwithstanding, an existing electric transmission pole may be replaced with a new electric transmission pole in order to support the co-location of antennas, provided that the replacement pole is painted to match adjacent poles in the system and is not more than fifteen (15) feet taller than the pole to be replaced.
C. Antennas, excluding whip antennas, on top of or attached to the side or roof edge of existing buildings shall be:
(1) When located on top of a building in all land use districts: Screened from public view by placing them behind a parapet or other architectural feature designed to resemble an architectural feature of the building, such as dormers, chimneys, or a clock or bell tower; and
(a) When located in a residential district: Extend no more than ten (10) feet above the building, and
(b) When located in a non-residential district: Extend no more than thirty (30) feet above the building.
(2) When attached to the side or roof edge of a building in a residential district: Camouflaged (i.e., Facility 2) by incorporating into the antenna design the type and color of the building materials of the wall or roof on which the antennas are proposed to be attached.
(3) When attached to the side or roof edge of a building in a non-residential district: At minimum, painted the same color as the exterior building and flush-mounted. Otherwise antennas shall be camouflaged by incorporating into their design the type and color of the building materials of the wall or roof edge on which the antennas are proposed to be attached.
D. Whip antennas located on top of an existing building shall be:
(1) Made of non-reflective material;
(2) No higher than fifteen (15) feet above the existing structure; and
(3) Limited to applications involving five (5) or fewer whip antennas.
E. External cabling and wiring shall be painted to match the tower, structure or building.
F. New accessory equipment shall be screened or otherwise hidden from public view and:
(1) When serving antennas pursuant to A. above: Located completely within the existing site.
(2) When serving antennas pursuant to B. above: Located completely within the footprint of the structure to the greatest extent practicable.
(3) When serving antennas pursuant to C. and D. above: Located within or on top of the building.
G. The application complies with Sections 430-109.6; 430-109.7 A., B., F., and G.; 430-109.8 H.; 430-109.9 A., B., C., D., E., F., and H.; 430-109.10; and 430-109.12. When applicable, existing fencing shall be made sight obscuring in accordance with Section 430-109.9 C. (3).
430-109.4 Communication Towers (i.e., Facility 2) may be located in all land use districts, excluding those towers regulated by Section 430-109.11 or otherwise exempt pursuant to Sections 430-109.1 and 201-2, through the Procedure Type I provided:
A. The tower is designed to resemble an object which is not a wireless telecommunication facility and which is already present in the natural environment, such as an indigenous evergreen tree, or man-made objects, such as a flag or light pole, pole signs, a clock or bell tower, a church steeple, cross or other religious symbol, or a silo, that are or would be commonly found on the site or in the surrounding area based upon the site’s land use designation. The tower’s physical dimensions are proportionate and scaled to resemble the natural or manmade object.
B. The tower design results in a tower that is not easily recognized as a structure design to support antennas and in a manner appropriate to the site’s context and surrounding environment, camouflages or hides the antennas from public view.
C. The tower functions to the extent practicable in a manner consistent with its design, unless doing so would interfere with the operation of the antennas. For example, a flagpole-designed tower shall be able to fly a flag.
D. Accessory attachments, such as flags, are sized in proportion to the tower.
E. Roof and ground-mounted accessory equipment (i.e., equipment shelters) are completely screened or hidden from public view. Examples of acceptable methods include placing them within the interior of the building or structure, behind a roof parapet or landscaping and a sight-obscuring fence, within architectural elements such as a clock or bell tower, or concealed (i.e., placed within a shell made of material resembling a boulder). Alternatively, placement of equipment shelters in underground vaults is encouraged as an acceptable means of hiding them from public view.
F. Cabling and wiring are hidden from public view.
G. The application complies with Sections 430-109.6; 430-109.7 A., B., C., F., and G.; 430-109.8 G. and H.; 430-109.9, excluding G.; 430-109.10; 430-109.12; and the height provisions of the individual land use district.
430-109.5 Facility Siting Requirements for Procedure Type II and III Applications, excluding telecommunication facilities regulated by Section 430-109.11 or otherwise exempt pursuant to Sections 430-109.1 or 201-2:
Telecommunication facilities shall be designed and located so as to minimize their visual impacts and minimize the number of new towers. New antennas and towers shall be sited using the hierarchy described below. The order of ranking by Facility, from highest to lowest, shall be 1, 2, 3, 4. When a lower ranked facility is proposed (e.g., 4), the applicant shall submit documentation which demonstrates that the higher ranked facilities are not technically feasible, available, or reasonably practicable.
A. Facility 1: Co-location. Co-location means the placement of two or more antenna systems and accessory equipment facilities by one or more FCC license holders (service providers) on an existing structure such as a tower or the placement of one or more antenna systems and accessory equipment facilities on a structure such as a building, water tank, utility pole or electric transmission tower.
B. Facility 2: Concealment. Concealment means to:
(1) Hide an antenna in or on a structure to minimize its appearance, such as placing an antenna behind a building parapet or hiding an antenna and/or tower through the use of innovative technology referred to as “stealth”. Stealth technology includes designing the tower and antennas to resemble a natural or man-made object that is or would be commonly found on the site or in the surrounding area based upon the site’s land use designation. Examples of such facilities can include an indigenous evergreen tree, rock feature, building architectural feature (i.e., a clock or bell tower), and a flag or light pole.
(2) Hide roof-mounted and ground-mounted accessory equipment (i.e., equipment shelters) from public view to the extent practicable. Examples of acceptable methods include placing them within the interior of the building or structure, behind a sight-obscuring fence and landscaping or roof parapet, or within some other architectural element such as a clock or bell tower. Alternatively, placement of equipment shelters in underground vaults is encouraged as an acceptable means of hiding them from public view.